Policies & Statements

Terms of Use

There are few things you should know about using this site.

Davis Instruments Terms of Use

Last Updated: December 12, 2007

Welcome to the Davis Instruments Corp. (“Davis”) website. Please review the following basic terms that govern your use of and purchase of additional services from our website. Please note that your use of our website constitutes your agreement to follow and be bound by these terms (the “Agreement”), as well as the terms set forth in our Privacy Policy. If you do not agree to all of these terms, please do not use the website.

GENERAL

We may from time to time change the terms that govern your use of our website. You can tell if the Terms of Use have changed by checking the revision date that appears at the top of the Terms of Use. Your use of our website following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

WEBSITE CONTENTS

Unless otherwise noted, all materials, including images, data, text, illustrations, designs, icons, photographs, video clips, and other materials that appear as part of this website (collectively, the “Contents”) are owned or licensed by Davis. The Contents, all Davis corporate and product trademarks, symbols, and website(s) as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the website. Davis reserves all rights not expressly granted in and to the website and the Contents.

The Contents of our website, and the website as a whole, are intended solely for personal, noncommercial use (other than for the purchase of merchandise from our site) by the users of our website. You may not use the website or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of product listings, descriptions, or prices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the website, or any related software. Any unauthorized use terminates the permission or license granted by Davis.

CHANGED PRODUCT FEATURES AND TERMS

Davis has the right at any time to change or discontinue any aspect or feature of the website/services offered by Davis, including, without limitation, the Content, hours of availability, the equipment needed for access, or use of the service, or the service itself. Davis also has the right at any time to change or modify the terms and conditions applicable to use of the service/site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use for services that are currently free or adding or removing data upload partners, including, but not limited to, CWOP, GLOBE and any others. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on www.davisnet.com or any other Davis website, or by electronic or conventional mail, or by any other means. Any use of the software or services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

USER COMMENTS, FEEDBACK, DATA AND OTHER SUBMISSIONS

All comments, feedback, data, content, suggestions, ideas, and other submissions disclosed, submitted or offered to Davis on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, “Input”) shall be and remain Davis’s property. Such disclosure, submission or offer of any Input shall constitute an assignment to Davis of all worldwide right, title and interest in and to such Input, including, but not limited to, all copyrights, privacy and other intellectual property rights. Thus, Davis will own exclusively all such Input and shall not be limited in any way in its use, commercial or otherwise, of any Input. Davis is and shall be under no obligation (1) to maintain any Input in confidence; (2) to pay to user any compensation for any Input; or (3) to respond to any user Input.

You agree that no Input submitted by you to the website will violate any right of any third party, including, but not limited to, copyrights, privacy and other intellectual property rights. You further agree that no Input submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Input you make.

OUR COMMUNICATIONS TO YOU

Davis may send electronic mail to you for the purpose of advising you of changes or additions to this website, about any of Davis’s products or services, or for such other purpose(s) as Davis deems appropriate, unless you have directed us not to contact you with such communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRODUCT INFORMATION

Most Davis products displayed at the site are available at select Davis retailers in the United States. In some cases, merchandise displayed for sale at the site may not be available in stores. The prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States. For international orders, we reserve the right to direct your order to one of our international distributors for order fulfillment.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this website contains links to outside services and resources, the availability and content of which Davis does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Accordingly, we encourage you to be aware when you leave our website and to read the terms and conditions and privacy policy of each other website that you visit.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL CONTENTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAVIS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAVIS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DAVIS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INACCURACY DISCLAIMER

From time to time there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

INDEMNIFICATION

You agree to defend, indemnify and hold Davis harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website.

YOUR ACCOUNT

In order to access some features of the website, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Davis immediately of any breach of security or unauthorized use of your account. Although Davis will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Davis or others due to such unauthorized use.

MISCELLANEOUS

Unless otherwise specified and except to the extent Davis products are offered for sale in the United States through this website, this website and the Contents thereof are displayed solely for the purpose of promoting Davis’s products and services available in the United States.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Alameda and/or the Northern District of California.

TERMINATION

This Agreement is effective unless and until terminated by either you or Davis. You may terminate this Agreement at any time. Davis also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in Davis’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Davis, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Privacy Policy

Your privacy is important to you, which means it’s important to us.

Davis Instruments Privacy Policy

Last Updated: April 25, 2008

At Davis we recognize that privacy is important. This Policy applies to all of the products, services and websites offered by Davis Instruments Corp. If you have any questions about this Policy, please feel free to contact us through our website or write to us at Website Privacy Inquiry, Davis Instruments Corp. Inc., 3465 Diablo Ave., Hayward, California, 94545 USA.

This Policy describes the information we collect, why we collect it, how we use it, and when we share it with third parties. If our Policy changes, we will post an updated Policy on this website. You can tell if the Policy has changed by checking the revision date that appears at the top of this Policy. This Privacy Policy governs your use of the website. This Policy is incorporated into and is subject to the Terms of Use. By visiting this website, you are accepting the practices described in this Policy and the Terms of Use.

INFORMATION WE COLLECT AND HOW WE USE IT:

We offer a number of services that do not require you to register for an account or provide any personal information to us. In order to provide our full range of services, we may collect the following types of information:

Information you provide– When you sign up for a WeatherLink.com account or other service that requires registration, we ask you for personal information (such as your user name, email address, account password, latitude and longitude of your weather station). For certain services we may also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

Davis cookies– When you visit the WeatherLink.com or Davisnet.com sites, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Davis website features and services may not function properly if your cookies are disabled.

Log information– When you use our website(s), our servers automatically record Davis network device configuration information and information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications– When you send email or other communication to Davis Instruments Corp., we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Affiliated sites– We may offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Davis in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

Links– Davisnet.com or other Davis websites may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

Other sites– This Privacy Policy applies to web sites and services that are owned and operated by Davis. We do not exercise control over links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Please note that any comments, feedback, suggestions, ideas, data and other information that does not reveal your identity which you disclose, submit or offer to us in connection with your use of this website is not considered personal information subject to this Policy. Such information includes, but is not limited to, any information you choose to post on our website and any weather or other data that you provide to us. Our Terms of Use explain how we may use and disclose such information in any manner that does not reveal your identity. You may choose not to provide such information to us if you do not want us to use or disclose such information.

Davis only processes personal information for the purposes described in this Privacy Policy and/or the web pages, communications or other notices relating to our services. In addition to the above, such purposes include:

Providing our products and services to users, including the display of customized content and advertising;

Auditing, research and analysis in order to maintain, protect and improve our services;

Ensuring the technical functioning of our network;

Developing new services;

Communicating with you and sending you information about our products and services, unless you have directed us not to contact you with such communications;

Analyzing trends and statistics; and

Complying with any legal requirements.

Davis processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party.

CHOICES FOR PERSONAL INFORMATION

When you sign up for a particular Davis service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our services, in which case Davis may not be able to provide those services to you.

INFORMATION SHARING

Davis only shares personal information with other companies or individuals outside of Davis in the following limited circumstances:

We have your consent.

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information or performing services on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

We may share such information when we team up with another company to offer or provide products or services to our customers.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Davis, its users or the public as required or permitted by law.

If Davis becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, the personal information and other information we have collected as described in this Policy may be among the transferred business assets.

We may share with third parties certain pieces of aggregated, non-personal information, for example, how many users clicked on a particular link. We may also share with third parties other information that does not constitute personal information. Such information does not identify you individually.

Please contact us at the address below for any additional questions about the management or use of personal data.

INFORMATION SECURITY

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Davis employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations.

DATA INTEGRITY

Davis processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

ACCESSING AND UPDATING PERSONAL INFORMATION

When you use Davis services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information.

ENFORCEMENT

Davis regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Davis’s treatment of personal information by contacting us through this web site or by writing to us at Website Privacy Inquiry, Davis Instruments Corp. Inc., 3465 Diablo Ave., Hayward, California, 94545 USA. When we receive formal written complaints at this address, it is Davis’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal information that cannot be resolved between Davis and an individual.

QUESTIONS OR CONCERNS

If you have any additional questions or concerns about this Policy, please feel free to contact us any time through this web site or at Website Privacy Inquiry, Davis Instruments Corp. Inc., 3465 Diablo Ave., Hayward, California, 94545 USA.

Shipping Policies

Have a question about how and where we ship? You'll find an answer here.

Davis Instruments Shipping Policies

General Policies

Order Processing & Delivery: Orders placed after 11:00 a.m. Pacific Time on Friday through 11:00 a.m. Pacific Time on Monday may not be processed until the following Tuesday; orders placed during holidays will be processed the next business day. Items in stock are normally shipped within 48 hours of order processing. We will advise you of any delay in shipping of 30 days or more. Please be sure to inspect the shipment upon arrival. Report any losses or damages to us at once. Be sure to save all components and packaging until the claim is settled.

Prices: Prices on this site are in US dollars, and are effective January 1. Details, specifications, and prices are subject to change at any time without notice.

Subscriptions & Service Plans: Shipping is free. For the USA, there are no taxes. International plans may require additional taxes or fees.

Shipping Location Policies

USA and Canada: Orders to the contiguous United States are shipped via surface unless you specify otherwise. Be sure to include a complete street address. Many of our services do not deliver to a P.O. Box. If using a rural route number, please provide a complete address and nearest cross road. If preferred service does not deliver to your area, we will ship via surface parcel post unless you specify otherwise. Depending on the service you requested, it can take up to 7-10 working days for delivery after shipment of your order.

We try our best to comply with the following guidelines:

Shipment Requested

Order Scheduled to Go Out

Next Day

Next business day or earlier

2-Day

2 business days or earlier

Surface

2-3 business days or earlier

Shipping Charges

We ship 1-day, 2-day and surface. Shipping charges are calculated based on shipping service, product weight, dimension, and shipping location.

International Orders

Local Distributors: We have distributors in many countries throughout the world, and we encourage you to purchase from them. If you are buying a weather product, please try our International Weather Reseller Locator. They are in a better position to answer your questions and can often provide on-going service. In some countries, we have exclusive distributors. Please contact us at sales@davisnet.com for shipments outside USA and Canada.

Questions?

If you have any questions about our products or your order, please contact us. We’ll be glad to help.

Service Agreement

This is our service agreement for all service products.

Davis Instruments Service Agreement

Last Updated: June 9, 2016

Your agreement to follow and be bound by this SERVICE AGREEMENT is a condition precedent to your use of the Equipment and services. By accessing, using or downloading materials from the Equipment or Service, you agree to this Agreement. If you do not agree with this Agreement, do not use the Equipment or services. Davis and Customer are each referred to herein as a “Party” and collectively as the “Parties.”

RECITALS:

Davis develops, manufactures and markets weather and automotive monitoring products and services, including its WeatherLink®, Vantage Connect® and its CarChip Connect® products, which are more fully described in the catalogs and product literature published by Davis from time to time.

AGREEMENT:

NOW, THEREFORE, in consideration of the mutual agreements and understandings herein, the Parties agree as follows:

A. Definitions. The following terms when used herein have the meanings indicated:

“Carrier” means the underlying wireless carrier of the Service and its subsidiaries and affiliates.

“Catalogs” means the catalogs, manuals and product literature published by Davis from time to time that describe the Equipment and services.

“End User” means a customer of Reseller that purchases Equipment or services from Reseller.

“Equipment” refers to Davis weather and automotive monitoring products designed to transmit data over wireless networks and/or internet networks to a Davis-hosted website for viewing and analysis.

“Reseller” means and refers to Customer, if Customer is entering into this Agreement to procure service plans for End Users.

“Service” means Davis’ and Carrier’s data network and includes the features and services described in the Catalogs, as in effect from time to time, and as amended by Davis or Carrier at any time without prior notice.

B. Term of Agreement.

1. For CarChip Connect, the term of this Agreement shall commence on the date hereof and continue for a period of one month and thereafter shall automatically renew for successive one-month terms.

2. For WeatherLink, and Vantage Connect the term of this Agreement shall commence on the date hereof and continue for a period of one year and thereafter shall automatically renew for successive one-year terms.

3. Davis may terminate the Service for convenience at any time. Davis will refund any pre-paid, unused fees upon such termination.

C. Data and Information Collected.

1. By agreeing to use our site and/or data transmission services you grant Davis a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license with the right to sub-license (through multiple tiers), to use, copy, display, and distribute (through multiple tiers) all content collected, and after removing personal information, sell, modify, create derivative works from and/or incorporate such content into other works in any form, medium, or technology for any purpose whatsoever, commercial or otherwise without compensation to you.

D. Customer’s Obligations; Limitations.

1. The SIM supplied with the Equipment shall be used only in such equipment and shall not be used in any other device or equipment.

2. Customer understands that Carrier or Davis may deny or terminate Service in certain circumstances, such as degradation of service on Carrier’s network, use by Customer or any End User of any application or equipment that Davis shall not have approved, or non-compliance with law, and neither Carrier nor Davis will have any liability whatsoever to Customer resulting from any such denial or termination.

3. Customer acknowledges that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain or other natural or artificial conditions, usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities. Neither Carrier nor Davis shall be responsible for any such refusal, interruption, curtailment or limitation of Service or the inability to use the Service outside the Territory. Customer understands that neither Davis nor Carrier can or does guarantee the security of wireless transmissions or will be liable for any lack of security relating to use of the Service.

4. In no event shall Davis, the Carrier or any underlying data provider be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages.

5. Customer shall indemnify and defend Carrier and Davis and their respective officers, employees and agents, and hold each of them harmless, from and against any and all claims, causes of action, losses, liabilities, damages and expenses (including reasonable attorneys’ fees and costs), including for any property damage, personal injury or death, arising in any way directly or indirectly in connection with (a) this Agreement or any agreement between Reseller and any End User, (b) use, failure to use, or inability to use the Service, unless caused by the gross negligence or willful misconduct of Davis or Carrier, or (c) the use, failure to use or inability to use any Number. This Section D.5 shall survive any termination of this Agreement.

E. Limitations of Warranties and Liability.

1. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT DAVIS MAY PROVIDE WITH THE EQUIPMENT THAT DAVIS SELLS TO CUSTOMER, ALL SERVICE AND EQUIPMENT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR EQUIPMENT. DAVIS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER ACKNOWLEDGES IT IS NOT RELYING ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN CATALOGS, PACKAGING OR OTHER DOCUMENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY DAVIS OF ANY KIND. NEITHER DAVIS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS OR SUPPLIERS WARRANTS THAT THE INFORMATION, PRODUCTS, PROCESSES, OR SERVICES AVAILABLE THROUGH THE SERVICE OR EQUIPMENT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR-FREE. CUSTOMER HAS NOT RELIED ON AND WILL NOT CLAIM THAT IT IS ENTITLED TO THE BENEFITS OF ANY REPRESENTATIONS, PROMISES, DESCRIPTION OF THE SERVICE OR OTHER STATEMENT NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.

2. Davis shall not be liable for any deficiency or delay in performance caused as a whole or in part by any act or omission of Carrier, equipment failure, facility failure, facilities problem, lack of coverage or network capacity, equipment or facility upgrade or modification, equipment or facility shortage or relocation, or cause beyond Davis’s reasonable control.

F. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes all prior or contemporaneous negotiations, correspondence, understandings and agreements, whether written or oral, between the Parties, regarding the subject matter hereof.

G. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California, without reference to the principles of conflicts of laws.

H. Dispute Resolution.

1. The Parties waive their rights to seek remedies in court, including any right to a jury trial. Subject to Section H.3, any dispute between the Parties arising out of, relating to or in connection with this Agreement shall be resolved exclusively through non-binding mediation and binding arbitration conducted under the auspices of JAMS pursuant to its Mediation and Arbitration Rules and Procedures. In the event of a dispute that the Parties are unable to resolve by mutual agreement, the Parties shall first participate in a non-binding mediation before a mutually selected and agreed to JAMS neutral. The mediation shall last one business day, unless extended by agreement of the Parties. The Parties shall bear all JAMS costs and expenses on a pro rata basis. In the event that the Parties are not able to resolve their dispute by way of non-binding mediation, the Parties shall promptly take steps to commence a JAMS arbitration as set forth in paragraph 2 below. The Parties may continue to use the JAMS mediator as their arbitrator, or, at the request of either Party, select a different mutually agreed to arbitrator.

2. The arbitration hearing shall be held in the City and County of San Francisco, State of California. Disputes shall not be resolved in any other forum or venue. The arbitration shall be conducted by a retired judge who is experienced in resolving disputes regarding business transactions and shall continue from day to day until completed, weekends and holidays excepted. The arbitrator shall apply the substantive law of California to all state law claims. Limited discovery shall be conducted in accordance with JAMS’ Arbitration Rules and Procedures. The arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’ Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law or other written explanation of the reasons for the award. The Parties understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it as provided by law.

3. Notwithstanding anything in Section H.1 to the contrary, either Party shall have the right to seek injunctive relief before any court of competent jurisdiction in the City and County of San Francisco, State of California.

I. Consent to Use of Electronic Signatures. As a convenience to you, Davis provides access to Services online which may require you to enter into agreements.

1. You have read and understand the electronic copy of contracts, notices and records, including, without limitation, this Agreement and any amendments hereto.

2. You agree to, and intend to be bound by, the terms of the particular agreement, contract or transaction into which you entered.

3. By clicking on the “I Accept” button you acknowledge that you have read this Agreement, and that you understand the provisions of the Agreement and that you agree to be bound by the terms and conditions of this Agreement.

J. Acceptance of Agreement

Davis Instruments reserves the right to update this agreement at any time without notice to you. The most current version of this Agreement can be reviewed by clicking on the “Terms of Use” hypertext link on Davisnet.com. By continuing with this on-line agreement process, you agree that communications and services under the service agreement will be provided electronically.

US Patent D521366: Quick Fist™

US Patent 5,765,604: No Spill™

Updated 1 Dec 2015

Davis Brand Permissions and Guidelines

Want to use our name or logo? Please read this first.

Davis Instruments Logo Permissions & Guidelines

Although we’d like to accommodate all the requests we receive for our logos, we are passionate about protecting the reputation of our brand as a leader in manufacturing and selling quality Automotive and Weather equipment and Marine accessories. We allow use of the Davis logo by express permission only.

Permissions

When do I need permission to use Davis brand logos/images?

Because we are passionate about protecting the reputation of our brands, we are very careful about how our trademarks, logos, web pages, screenshots or other distinctive features, are used. It is never okay for any of our brand features to be altered, edited or misrepresented.

All of our trademarks, logos, web pages, screen shots and other distinctive features (“Davis Brand Features”) are protected by applicable trademark, copyright and other intellectual property laws. If you would like to use any Davis brand features on your website, in an ad, in an article or book, or reproduce them anywhere else, you may need to first receive permission from Davis. We’ve tried to make this process as painless as possible.

Instructive/Illustrative Screenshots

One instance when you don’t need to ask our permission is when you want to use a standard, unaltered Davis screenshot in a print (book, magazine, journal, newspaper) or electronic (web page, DVD, Blu Ray, CD) format for an instructive or illustrative purpose. This must be an unaltered–meaning there are no graphics, photos, or advertising copy superimposed on the screenshot you plan to use, nor have you changed the look of the image in any way–image from most of our products (see special cases below). Examples of instructive or illustrative purposes are: using a screenshot of a Davis product page to show where the document links are located or using a screenshot of an Product Search page to illustrate how to conduct a search.

If you have any concern that your intended re-use does not fall under this exception, please do get in touch with us by contacting the Webmaster after you have read the Guidelines for Third Party Use (the “Guidelines”).

Press and Reseller Websites, Catalogs, & Articles

You may also use our images, logos, screenshots and other Davis brand features without contacting us for permission if you are a Davis reseller or a member of the Press as long as you follow our Guidelines and read, agree with and adhere to our Terms.

All Other Uses

If these permissions do not agree with your situation or need, please contact our Webmaster for permission to use our images, logos, or features.

We appreciate your cooperation.

Guidelines

Use of Davis Brand Features

General Information

Although we’d like to accommodate all the requests we receive for our logos, we are passionate about protecting the reputation of our brand as a leader in manufacturing and selling Marine accessories and quality Automotive and Weather equipment. We allow use of the Davis logo by express permission only. That means we have to turn down many requests because sites imply that Davis is endorsing them or is otherwise affiliated with them. The same applies if Davis’ trademarks, logos, web pages, screen shots, or other distinctive features (“Brand Features”) are associated with objectionable material, as determined by Davis.

As a result, we require that you have Davis’ explicit permission before using any Davis Brand Features. These Brand Features can be used only pursuant to these Guidelines, our Terms and Conditions, and for the specific purposes for which Davis has given permission. If you have a written agreement with Davis that specifically addresses how you may use its Brand Features, you don’t need to go through the approval process here unless you want to do something other than what has been authorized in your existing agreement. Otherwise, the only time you can use Brand Features without advance written permission is if there is clear and express language on our website stating that you can use those Brand Features without first obtaining permission, such as is the case with our Resellers’ use of our images/logos.

When you use any of our Brand Features, you must always follow the Rules for Proper Usage included in these Guidelines. In addition, Davis may provide you with written requirements as to the size, typeface, colors, and other graphic characteristics of the Davis Brand Features. If we provide these requirements to you at the time of our approval, you must implement them before using our Brand Features. If we provide these requirements to you after we initially gave our permission, you must implement them within a commercially reasonable time frame.

Approval Process

To request approval, send to us in writing what your needs are and where/why you want permission. Although we will try to respond within 10 business days, we cannot guarantee that, and you can’t use Davis Brand Features until we have expressly granted you approval.

The approval to use Davis Brand Features is limited to the information provided in your request. If your anticipated use changes, before or after, Davis grants approval, you must update your request accordingly.

Please note that we can only give you permission to use the Davis Brand Features. We cannot give you permission to use any brand features belonging to third parties, such as the GLOBE logo and others.

Trademark Basics

What is a trademark?

A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion.

Why is it important to use marks correctly?

Rights to a trademark can last indefinitely if the owner continues to use the mark to identify its goods and services. If trademarks are not used properly, they may be lost and one of the company’s most important assets may lose all of its value. Rights may be lost not only because of a trademark owner’s improper use of the mark, but through improper use of the trademark by the public.

Rules for Proper Usage

Things To Do:

If you are using a Davis trademark, distinguish the trademark from the surrounding text in some way. Capitalize the first letter, capitalize or italicize the entire mark, place the mark in quotes, use a different type style or font for the mark than for the generic name.

If you do not capitalize the entire mark, always spell and capitalize the trademark exactly as they are shown in the Davis logos provided.

Use the trademark only as an adjective, never as a noun or verb, and never in the plural or possessive form.

Use a generic term following the trademark, for example: DAVIS weather stations, Davis stations.

Use only Davis-approved artwork when using Davis’ logos.

If you are using a Davis logo on a web page, there must exist a minimum spacing of 10 pixels between each side of the logo and other graphic or textual elements on your web page.

Brand trademarks: Normally, an unregistered Davis Brand Feature should be followed by the super-scripted letters TM to give notice that the company claims trademark rights in the term. A registered Davis Brand Feature should be followed by the symbol ® to identify the term as a registered trademark. In advertising copy, notice of trademark rights may be provided in a footnote format – e.g., by placing an asterisk adjacent to the Davis Brand Feature and placing an appropriate notice at the bottom of the page on which the asterisk appears. Example: *DAVIS is a trademark of Davis Instruments Corp.

Things You Can’t Do:

One of the conditions for all uses is that you can’t make changes to our marks. Only we get to do that. 😉 Don’t remove, distort or alter any element of a Davis Brand Feature. That includes modifying a Davis trademark, for example, through hyphenation, combination or abbreviation, such as: DavisWeather, Davis-Instr., IncrediDavis. Do not shorten, abbreviate, or create acronyms out of Davis trademarks.

Don’t display a Davis Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Davis, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Davis or Davis personnel unless authorized to do so.

Don’t display a Davis Brand Feature on any website that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates applicable law.

Don’t adopt marks, logos, slogans, or designs that are confusingly similar to our Brand Features.

Don’t register Davis trademarks as second-level domain names.

Don’t use Davis trademarks in a way that suggests a common, descriptive, or generic meaning.

Trademark rights vary from country to country. Some countries have severe criminal and civil penalties for improper use of the registration symbol. Therefore, don’t use the registration symbol (®) in countries where the mark has not been registered.

If there is any question about usage, requests for clarification or permission may be submitted through the process outlined above under “Permissions”.

Corporate Logos

Find a Davis logo here.

Davis Instruments Logos

Feel free to view/download our logos if you have permission to do so. Please review our Permissions & Guidelines. If you have permission to use the Davis logo, you may wish to use one of the logos here.

You are welcome to download any of these logos for use in the media, on a web site, in a promotional brochure, or as part of a report as long as you follow our Permissions & Guidelines. If you need a specific logo or have questions about our specifications, please feel free to send an email to the Webmaster.

Please remember:

The proportions, fonts, and colors may not be changed. Be sure to scale the logos in direct proportion to the original.

Quality Assurance

We stand behind our quality products.

Davis Instruments Quality Assurance Statement

All Davis Weather Stations are assembled in our California factory using rigorous production controls and a quality management system that is certified by Det Norske Veritas to be compliant to ISO 9001:2008 standards. Each unit is individually tested for accuracy, consistency and overall product quality. Our goal is to have all units perform to the specifications as printed in our Weather Catalog

To view our full Quality Assurance statement as a PDF, please click this link.

Conflict Minerals

Sourcing materials responsibly is important.

Davis Instruments Conflict Minerals Statement

Our products, like the products from many electronics companies, contain various metals that are purchased from third-party vendors and originate from countries worldwide. Certain metals, including tin, tantalum, tungsten and gold, have been labeled “Conflict Minerals” because they may be sourced from the conflict-laden Democratic Republic of Congo and adjoining countries.

Davis Instruments is a privately-held small business and, as such, is not directly subject to the Conflict Minerals reporting requirements of Section 1502 of the Dodd-Frank Financial Reform Act. However, we support the aims and objectives of the US legislation on the supply of Conflict Minerals.

While we do not directly source any of the materials included in the Dodd-Frank Act, we do use components that contain small amounts of these materials. We generally purchase components, which are used in our manufactured products, from major electronics industry distributors and resellers.

We expect our suppliers to commit to the EICC Code of Conduct which includes a provision related to the responsible sourcing of minerals. Pursuant to that Code of Conduct, suppliers must have a policy to reasonably assure that the tin, tantalum, tungsten and gold in the products they manufacture are conflict free. Davis Instruments relies on our suppliers to determine the sources and conflict status of the components supplied to us. We recognize that Conflict Minerals compliance requires time and effort on the part of our suppliers and we appreciate their ongoing work in this important matter.

RoHS Statement

We comply with the reduction of hazardous substances.

Davis Instruments RoHS Statement

European Union Directive 2011/65/EU outlines the expanded scope and product categories that are covered under RoHS (Reduction of Hazardous Substances). Davis Instruments manufactures products that fall into Category 9 Monitoring and Control Instruments, now covered under the updated Directive.

We have completed the evaluation with our suppliers; and can confirm that products supplied by Davis Instruments are in accordance with RoHS directive 2011/65/EU with exemptions as stated below.

These products are NOT RoHS compliant.

8105 Smartcard Onboard Reader

8116 Starter Interrupter Kit

8126, All Models DriveRight 600E

8127 GPS/Wireless Interface Module for DriveRight 600E

8129 Wireless Download Module

8130 Wireless Download Base Station

8179 DriveRight, Extra Console

8251 GPS/Wireless Interface Module for CarChip Fleet Pro

We are committed to protecting human health and the environment while ensuring the quality, performance and reliability of our products. This blanket declaration has been prepared and issued based on our best knowledge at this time according to the information provided by our suppliers.

Please do not hesitate to contact our sales department at 510-732-9229. We value our customers and continuously strive to provide the best products and services available.

Warranty Policy

It's not common, but if you have a faulty part, we'll make it right.

1 Year Limited Warranty

We warrant our products to be free of defects in material and workmanship for one year from the date of original purchase. While we make every effort to carefully manufacture our products to the highest standards of quality, occasionally parts may be found to be missing, defective, or damaged.

If you have a defective part, return the product to us, shipping charges prepaid. Include proof of purchase and a written explanation of the trouble. During the warranty period, we will, at our option, either repair or replace the product free of charge. Please do register your Davis product, even if you didn’t buy it from us. This will make the warranty process easier.

This warranty does not cover damage due to improper installation or use, lightning, negligence, accident, or unauthorized service, or to incidental or consequential damages beyond the Davis products themselves. Implied warranties are limited in duration to the life of this limited warranty.

Some states do not allow limitation on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations may no apply to you. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

Maintenance

Service & Repair

Need a repair? Please contact us before sending items in for repair. We may be able to solve your problem over the phone or send replacement parts. If you are outside the USA or Canada, please contact your local reseller first; many have complete factory-authorized service centers. Get Service and Repair info.

Return Policy: 30-Day Money-Back Guarantee

Have a product issue? We'll work with you to correct it.

Davis Instruments Return Policy

Looking to return one of our products? Please consider contacting us first, giving us the opportunity to correct the issue for you, or to simply hear your feedback. If you’d still like to return the product, we stand by our 30-day money-back guarantee.

If you purchased your Davis product directly from us, you may mail it back to us: mail the product, with the reason for its return, to the address below. Shipping charges are not refundable. If you have questions about returns, please contact us.